Former Bay City police officer testifies in trial of fellow ex-cop on trial on assault charge

BAY CITY, MI — Speaking softly and solemnly, a former Bay City police officer testified in the trial of a fellow former brother in blue, accused of assaulting a civilian while on duty.

Brian K. Ritchey on Thursday, Aug. 14, took to the witness stand in the trial of 34-year-old Keath B. Bartynski, charged with misdemeanor assault and battery stemming from an incident that occurred the night of May 1, 2013, and into the next morning at Steamer's Pub, 108 N. Linn St. in Bay City. Ritchey said he and Bartynski, whom he described as a friend, were working that night.

At Steamer's that night were fellow officer Donald T. Aldrich, his wife Carrie and, separately Joshua Elzinga. Ritchey said he received a text message from Carrie Aldrich informing him of a Facebook post Elzinga had authored depicting a photograph he'd taken of Ritchey's improperly parked police Chevrolet Tahoe.

Ritchey said he walked into the bar.

"When I got there, I went in to talk to Don and Carrie," Ritchey testified. "It was Don's birthday. I asked who Josh was and (Carrie) shifted her eyes."

Ritchey said he "wasn't too happy" about the Facebook post and spoke with Elzinga, who appeared intoxicated. He told Elzinga taking and posting the photo "was unprofessional and I didn't appreciate it," Ritchey testified.

After about two minutes, Ritchey left the bar and met up with Bartynski in the police department's parking lot. Ritchey said he told Bartynski about Elzinga's Facebook post.

At some point, Ritchey received a text message from Carrie Aldrich to the extent of "Oh my God, I think Don's about to fight this guy," he testified.

"I told Keath what the text said and said, 'Hey, we got to get over there before he does something stupid,'" Ritchey said, adding that Bartynski arrived first.

"Keath was coming out of the bar with Josh and Don was also outside," Ritchey testified. Bartynski had Elzinga by his left arm, he said. Aldrich "was in front of me, to the left. I would say (he was) borderline belligerent," Ritchey said, adding that Aldrich was yelling at Elzinga.

Elzinga was "poking at" Bartynski, Ritchey testified. "He wasn't yelling, but making comments," he said. Elzinga had a cellular phone in his right hand, which Bartynski told him to drop, but Elzinga wouldn't comply and stretched his arm away, Ritchey testified. Bartynski had to grab it, he said.

Elzinga was handcuffed and placed in a police cruiser for some minutes, he said.

Ritchey said he conducted no investigation and did not speak with any witnesses at the scene.

"Did you see Josh commit a crime in your presence?" asked Midland County Assistant Prosecutor Ryan Slep, trying the case as a special prosecutor.

"I would say yes," Ritchey replied. "At the time, if he's being handcuffed ... and he's passively resisting an officer telling him to do something. That is resisting. He was passively resisting an officer telling him to drop the phone."

Elzinga has not been charged with any offense.

Cross-examined by defense attorney James F. Piazza, Ritchey said it is standard procedure when summoned to a potential bar fight to identify and separate the participants. He also said a cellular phone could be used as a weapon and it would be normal for an officer to have a subject put it down.

Prior to Ritchey's testimony on Wednesday, three bar patrons testified they saw a drunken and angry Aldrich confront Elzinga, who did not appear intoxicated. They said that after their confrontation, Aldrich walked away and Bartynski enterd shortly thereafter.

Joshua Kinney, who said he did not know any of the people involved, said he saw Aldrich exit the bar after his spat with Elzinga.

"Within a few minutes, Don re-entered the bar with a uniformed officer and pointed at Josh," Kinney testified. "The uniformed officer walked over to Josh and yanked him away from the bar, bent him over and then proceeded to shove him repeatedly until he was out the front door of the bar."

Kinney identified Bartynski as this officer.

Elzinga also testified on Wednesday that he was not intoxicated throughout the incident. He said that after Bartynski took his phone away, he was handcuffed and placed in a police vehicle. Released a few minutes later, he asked Bartynski for his phone and the officer smirked and said he didn't have it, Elzinga testified.

Elzinga testified Bartynski shoved and forcibly grabbed him against his will and that he suffered bruising on his arm.

After Ritchey gave his testimony, Bay City Public Safety Lt. John Harned — the shift supervisor the night the incident occurred — testified that officers responding to a possible fight are to separate the parties and conduct as many witness interviews as possible. A person is only to be handcuffed if they pose a danger, are a flight risk, or the officer witnesses them commit a crime.

After Harned testified, Slep rested his case. Piazza is to present the defense case starting at 1:30 p.m.

Ritchey has not been charged with a crime in connection with this incident. Aldrich is charged with being a disorderly person and larceny between $200 and $1,000 and is slated for trial before Janer on Wednesday, Aug. 27.